The term “BabyNameGuide.com” or “us” or “we” refers to the owner of the website whose registered office is 727 South Main Street, Butler PA 16001. The term “you” refers to the user or viewer of our website.
- The content of the pages of this website is for your general information and use only. It is subject to change without notice.
- Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
- This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
- Unauthorised use of this website may give to a claim for damages and/or be a criminal offence.
- From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
- You may not create a link to this website from another website or document without BabyNameGuide.com's prior written consent. Click here for our link exchange requirements.
- The information from this database is property of Baby Name Guide and should not be copied or saved out without written permission from Baby Name Guide. We have hidden words within the database for security purposes.
Your use of this website and any dispute arising out of such use of the website is subject to the laws of the United States.
To use this Service, you must open an account, which means you must register on the Web site and agree to the terms of this Agreement (an "Account"). You must be at least 18 years of age to use the Service. By using our Service, you certify that you are at least 18 years of age and that you agree to be bound by these terms and conditions of use. If you do not agree to be bound by this Agreement or if you are not at least 18 years of age, please immediately exit the shop.babynameguide.com Web site.
Your Account is available for your non-commercial, personal use. Your Account can be utilized to post photographs that you want to let other specified people view and purchase. You can also use your Account to view photographs in other Accounts if you have been authorized by that account holder. Any photographs in your account are password protected unless you allow other Account holders access to such photographs. We reserves the right to cancel or discontinue Accounts which have been inactive for more than 60 days. We may do so at our discretion after sending an email warning to the address you used when you set up your Account. If you do not respond to the email within 10 days, your account may be removed. You may not use your Account to create an internet link to eBay or any other web site without the express written permission.
PHOTOGRAPHS AND PRODUCTS
- You acknowledge that all Products are custom made to your order and have no market beyond your purchase thereof. As such, all Products are non-returnable and payment for all Products is required to be made in full in advance. All items purchased through Baby Name Guide and shipped to you are subject to a shipment contract under which the risk of loss and title for such items pass to you upon our delivery to our shipping carrier.
- You may not reproduce, display, transmit, distribute or otherwise exploit the Products, or any portion thereof, in any manner, including, without limitation, print or electronic reproduction, publication or any display of photographs, without the prior written consent. While you can add captions and descriptions to the photographs in your account in accordance with the terms hereof, you agree not to otherwise modify, alter or otherwise manipulate any Product, including without limitation, adding other material to a Product, without written consent.
- While Baby Name Guide uses reasonable efforts to ensure compliance with applicable laws relating to rights of privacy or publicity, including the use of subject releases when necessary and requiring the photographers to screen the photographs posted on the Web site, it makes no representations or warranties as to the accuracy, correctness or reliability of the photographs, nor can we ensure that all persons depicted in the photographs have consented to the display of their image on this Web site. If your photograph appears on this Web site without your consent and you wish to have it removed, please copy the thumbnail image and e-mail it to firstname.lastname@example.org with a description of why you would like it removed.
- Baby Name Guide respects the copyrights, real and implied, of photographers, artists and/or other copyright holders. Baby Name Guide will not knowingly print and/or distribute images without the consent of the creator or owner of the copyrights. The copyrights in the photographs are owned by the photographers thereof who have licensed to Baby Name Guide the right to post them on the Web site and provide the Services offered. Baby Name Guide makes no claim of ownership to any images uploaded to the servers by our customers. Since we cannot research every image transmitted to us or printed by us, it is your sole responsibility to ensure that you have the necessary authorizations and/or permissions to use the images. If you believe your copyright in a work has been violated through this service, please contact Baby Name Guide for notice of claims of copyright infringement at email@example.com, or at Baby Name Guide, 727 South Main Street, Butler PA, 16001, 724.490.2229.
You may NOT post or obtain any content using the Web site which: Is threatening, obscene, pornographic or profane material or any other material that could give rise to any civil or criminal liability under applicable law. Baby Name Guide recommends you use, an "adult-content" warning label when pictures are being shared that include legal adult content; Infringes rights of privacy, publicity or copyrights or otherwise uses content without the permission of the owner of these rights and the persons (or their parents or legal guardians, where applicable) who are shown in the material.
- Content Monitoring
While Baby Name Guide does not and cannot review all content provided to it, and is not responsible for such content, we reserve the right to delete, edit or rearrange content that it, in its sole discretion, deems abusive, defamatory, obscene or in violation of copyright or trademark laws or otherwise unacceptable. You acknowledge that any content may be removed, published, copied, modified, transmitted and displayed for the purposes of delivering the offered services. All content provided by a user of this service is the sole responsibility of that user, not Baby Name Guide.
- Unauthorized Content
If you send any image to the Web site which violates any term of this Agreement or any applicable law or regualtion, for example copyrighted or pornographic material, we reserve the right to retain the image and charge your Account the full amount for the Service that you requested.
- THIS WEB SITE AND ITS CONTENT (INCLUDING WITHOUT LIMITATION THE PHOTOGRAPHS) ARE PROVIDED "AS IS" AND BABY NAME GUIDE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT THE IMAGES OR WEB SITE INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. BABY NAME GUIDE DOES NOT WARRANT THAT ACCESS TO THE WEB SITE OR ITS CONTENTS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BABY NAME GUIDE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT ON THIS SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. ACCORDINGLY, YOU ACKNOWLEDGE THAT YOUR USE OF THIS WEB SITE IS AT YOUR OWN RISK. YOU (AND NOT BABY NAME GUIDE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION RESULTING FROM COMPUTER MALFUNCTION, VIRUSES OR THE LIKE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
- Neither Baby Name Guide, nor its representatives, shall be responsible or liable for any damages of any kind including, without limitation, lost business or profits, direct, indirect, incidental, consequential, compensatory, exemplary, special or punitive damages that may result from your access to or use of either this Web site or the photographs or Products. You acknowledge that the photographers are independent contractors and if you are not satisfied with the photographs or Products in any way, you shall look solely to such photographer(s), and not to Baby Name Guide, for any damages and/or claims whatsoever relating to the photographs or Products.
- In the event that you reproduce, display, transmit, distribute or otherwise exploit the photographs or Products, or any portion thereof, in any manner not authorized by Baby Name Guide, or if you otherwise infringe any intellectual property rights or any other rights relating to the photographers, photographs, Products or this Web site, you agree to indemnify and hold Baby Name Guide, affiliates, licensors and representatives, harmless against any losses, expenses, costs or damages, including reasonable attorneys' fees, incurred by them as a result of unauthorized use of the photographs or Products and/or your breach or alleged breach of these terms of this Agreement.
OWNERSHIP OF OUR WEB SITE
- All of the content (other than the photographs) on our Web site, including without limitation, the graphics, design, and look and feel are owned by Baby Name Guide and its representatives and are protected by United States and international copyright, trademark, patent, trade secrets and other intellectual property rights protection. The Baby Name Guide logo is owned by Baby Name Guide and may not be used or reproduced without our written permission. In addition, you may not reverse engineer, de-compile, or otherwise disassemble software included on this Web site.
LINKED INTERNET SITES
- Third Party Links
Our Web site may provide a link to other sites by allowing the user to leave this Site to access third-party material or by bringing the third-party material into this Web site via "inverse" hyperlinks and framing technology (a "Linked Site"). Baby Name Guide has no discretion to alter, update, or control the content on a Linked Site. The fact that Baby Name Guide has provided a link to a site is not an endorsement, authorization, sponsorship, or affiliation with respect to such site, its owners, or its providers. There are inherent risks in relying upon using, or retrieving any information found on the internet, and Baby Name Guide, urges you to make sure you understand these risks before relying upon, or retrieving any such information on a Linked Site. It is your responsibility to become familiar with each site's privacy and other policies and terms of service, and to contact that site's webmaster or site administrator with any concerns.
- You May Not Create a Link to Our Web site
Baby Name Guide prohibits caching, unauthorized hypertext links to the Web site and the framing of any content available through the Web site. Baby Name Guide reserves the right to disable any unauthorized links or frames and specifically disclaims any responsibility for the content available on any other Internet sites linked to the Web site. You may not create a link to our Web site without the express written permission of Baby Name Guide.
- Baby Name Guide makes no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.
- These terms shall be governed by and construed in accordance with the laws of the State of Georgia, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Fulton County and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. You acknowledge and agree that except as specified herein, no representations, warranties or promises of any kind have been made to you by Baby Name Guide regarding the use of the Web site or the use or purchase of the photographs or the Products.